The Veteran's appeal is being remanded for further development, including obtaining medical records and providing additional examinations to address the nature and etiology of his cervical and lumbar spine disorders, hearing loss, and major depressive disorder. The RO will also clarify the disability rating assigned to his service-connected malaria.
The deciding factor: The Veteran's claims folder was misplaced before he filed his claim for benefits in February 2005, leading to inconsistencies regarding the disability rating of his service-connected malaria. Additionally, there are questions about the relationship between the Veteran's major depressive disorder and his military service, as well as potential issues with the etiology of his cervical and lumbar spine disorders and hearing loss.
- Claimed conditions
- degenerative joint and disc disease of the cervical spine, degenerative joint and disc disease of the lumbar spine, bilateral hearing loss, major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 15, 2010
- Citation
- 1022132
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1022132.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Dismissed
The claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.